What is the impact of the recent court decision on Bald hills Wind Farm on the future of Delburn Wind Farm?
None! The court decision confirmed that the South Gippsland Shire followed proper procedure in arriving at its decision regarding reported noise nuisance caused by the wind farm. It made no finding on the correctness of the decision.
The council found, after an investigation, that there was audible noise in the complainant’s houses although no measurements were made. And that this noise constituted a noise nuisance under local laws. It directed the parties to negotiate an agreed outcome. It has no power to arbitrate a resolution.
The court’s decision does not reflect on the wind farm’s compliance with its operating conditions. The conditions relating to noise, flicker, etc. are par
t of the State’s environmental laws and regulations and Bald Hills operates within its conditions as part of it’s license to operate.
OSMI is planning to operate the Delburn Windfarm within the limits imposed by current laws and regulations. It is working hard to ensure that it is well within the limits set by the laws and regulations. Whether these laws and regulations are appropriate in all situations is a separate issue.
The decision suggests that any person who has concerns about how the proposed windfarm might affect them should be talking to OSMI now about their specific situation and how any potential issues can be resolved.